New York Fed Warehousing Junk Loans

Ryan Grim, Huffington Post

As Lehman Brothers careened toward bankruptcy in 2008, the New York Federal Reserve Bank came to its rescue, sopping up junk loans that the investment bank couldn’t sell in the market, according to a report from court-appointed examiner Anton R. Valukas.

The New York Fed, under the direction of now-Treasury Secretary Tim Geithner, knowingly allowed itself to be used as a “warehouse” for junk loans, the report says, even though Fed guidelines say it can only accept investment grade bonds.

Meanwhile, the Fed and Geithner both strongly oppose a congressional measure to authorize an independent audit of the central bank and its lending facilities. The provision passed the House but is under attack in the Senate, where Banking Committee Chairman Chris Dodd (D-Conn.) says he hopes to stop it.

Without an audit, the Fed is able to conceal the specifics of what it holds on its balance sheet. If the Lehman deal is any indication, the Fed is hiding billions of dollars in toxic loans on its books.

“The Fed legally is forbidden from taking such assets. There’s a legal requirement that the Fed’s assets be investment grade,” Rep. Alan Grayson (D-Fla.) told HuffPost. Grayson, who is the cosponsor of the Grayson-Paul Audit the Fed measure that passed the House, said the Lehman scandal shows precisely why such an audit is needed.

“The net result of this is we know the Fed knowingly bought assets for more than they were worth — substantially more than they were worth — and actually created a market for garbage that Lehman was more than happy to push on the Fed because they regarded the public as the suckers of last resort,” said Grayson.

Read more here: http://www.huffingtonpost.com/2010/03/22/new-york-fed-warehousing_n_508443.html

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Lehman Bankrutpcy: ‘Repo 105,’ Bank’s ‘Accounting Gimick,’ Was Like ‘A Drug,’ Emails Show

Ryan McCarthy, Huffington Post

The arcane “accounting gimmick” employed by Lehman Brothers as the firm failed in 2007 and 2008, was, in fact, like “a drug” propelling the bank to conceal the true nature of its financial health, according to bankruptcy documents released yesterday.

As news organizations pour through the 2,200 documents released by Anton Valukas, the examiner in charge of sifting through the most expensive bankruptcy in history, new details have surfaced about possible criminal actions among Lehman executives.

An executive referred by Lehman execs as the firm’s “balance sheet” czar –who later went on to become the firm’s COO — The New York Timesnotes, likely had knowledge of the firm’s highly creative accounting maneuvers. Here’s the NYT:

“I am very aware … it is another drug we r on,” Herbert McDale wrote in an April 2008 e-mail cited by the examiner’s report. At other times, he is described as calling for a limit to the number of Repo 105 transactions.

At the center of the controversy is a technique called “Repo 105,” under which Lehman was able to move $50 billion off of its balance sheet in the second quarter of 2008 alone, MarketWatch reports. Here’s more from Market Watch:

[Repo 105 is] essentially a type of secured loan and is booked that way in the accounts — leading to an increase in both assets and liabilities.

Lehman’s trick was to use a clause in the accounting rules to classify the deal as a sale, even though it was still obliged to repurchase the assets at a later date. That meant the assets disappeared from the balance sheet, and it could use the cash it received to temporarily pay down other liabilities…. [Repo 105] was crucial for maintaining the group’s credit rating as rating agencies and investors began to focus more on leverage and demanded lower risk.

Here’s the NYT with another seemingly incriminating email:

In a series of e-mail messages cited by the examiner, one Lehman executive writes of Repo 105: “It’s basically window-dressing.” Another responds: “I see … so it’s legally do-able but doesn’t look good when we actually do it? Does the rest of the street do it? Also is that why we have so much BS [balance sheet] to Rates Europe?” The first executive replies: “Yes, No and yes. :)

Read more here: http://www.huffingtonpost.com/2010/03/12/lehman-bankrutpcy-repo-10_n_496463.html

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Lehman Top Officials Manipulated Balance Sheets, JPMorgan And Citi Contributed To Collapse

Shahien Nasiripour, Huffington Post

The examiner in charge of investigating the collapse of venerable Wall Street investment house Lehman Brothers, the most expensive bankruptcy in U.S. history, said in a report publicly released Thursday that senior officials failed to disclose key practices, opening them up to legal claims, and that JPMorgan Chase and Citigroup contributed to the firm’s collapse. In addition, the report concludes that the firm’s auditor, Ernst & Young, failed to meet “professional standards.”

The exhaustive report was unsealed today by Judge James M. Peck, who said the report reads “like a best-seller.”

The examiner, Anton Valukas, also found that parties have claims to pursue against JPMorgan Chase and Citibank in connection with their behavior regarding the modification of agreements with Lehman and their increasing collateral demands in Lehman’s final days. These demands had a “direct impact” on Lehman’s diminishing liquidity — its cash on hand — which was a prime reason behind the firm’s demise.

“Citi is reviewing the report, which is over 2,000 pages long, but notes that, based on its preliminary review, the examiner has not identified any wrongdoing on Citi’s part — or anything that would suggest that Citigroup helped cause Lehman’s collapse,” said Danielle Romero-Apsilos, director of corporate affairs for Citi Institutional Clients Group.

Read more here: http://www.huffingtonpost.com/2010/03/11/lehman-bankruptcy-report_n_495668.html

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